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Assembly Bill A4980

2023-2024 Legislative Session

Relates to refunds by public utility companies to overcharged customers

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Archive: Last Bill Status - In Assembly Committee

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2023-A4980 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Amd §23, Pub Serv L

2023-A4980 (ACTIVE) - Summary

Requires the public service commission to conduct a review within fifteen days when a residential customer of a public utility company alleges that the public utility company has overcharged the customer for service and to refund the overcharge within thirty days; provides for penalties; requires the public service commission to promulgate rules and regulations.

2023-A4980 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4980
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to refunds by public
   utility companies to overcharged customers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 23 of the public service law is amended by adding a
 new subdivision 4  to read as follows:
   4.  (A) WHENEVER ANY RESIDENTIAL CUSTOMER OF A PUBLIC UTILITY COMPANY,
 WHOSE RATES ARE SUBJECT TO THE JURISDICTION OF  THE  COMMISSION  ALLEGES
 THAT THE PUBLIC UTILITY COMPANY HAS OVERCHARGED THE CUSTOMER FOR SERVICE
 PROVIDED  BY  OR  THROUGH  THE  PUBLIC  UTILITY COMPANY, FOR ANY REASON,
 INCLUDING MISTAKE, NEGLIGENCE OR FRAUD, THE COMMISSION SHALL REVIEW  THE
 ACCURACY  OF  THE  ALLEGED OVER-CHARGE.   SUCH REVIEW SHALL BE CONDUCTED
 WITHIN FIFTEEN DAYS OF RECEIPT OF THE CUSTOMER'S COMPLAINT  AGAINST  THE
 PUBLIC  UTILITY COMPANY.  IF THE ALLEGATION IS DETERMINED BY THE COMMIS-
 SION TO BE CORRECT, UPON COMPLETION OF THE REVIEW,  THE  COMMISSION,  BY
 ORDER  SHALL  REQUIRE  THE INTERESTED COMPANY TO SEND A CHECK OR ISSUE A
 CREDIT TO THE OVERCHARGED CUSTOMER OR CUSTOMERS,  ON  OR  BEFORE  A  DAY
 FIXED  IN  THE ORDER.   THE INTERESTED COMPANY SHALL ISSUE A CREDIT OR A
 CHECK TO THE CUSTOMER BASED  UPON  THE  CUSTOMER'S  PREFERENCE.  IF  THE
 COMPANY  FAILS TO SEND A CHECK OR ISSUE A CREDIT WITHIN THIRTY DAYS, THE
 COMMISSION IS AUTHORIZED TO IMPOSE A FINE ON THE PUBLIC UTILITY  COMPANY
 IN  AN  AMOUNT TO BE DETERMINED BY THE COMMISSION IN ACCORDANCE WITH THE
 PROVISIONS OF SECTION TWENTY-FIVE OF THIS ARTICLE.
   (B) AN ACTION UNDER THIS SECTION SHALL BE COMMENCED IN ACCORDANCE WITH
 THE PROVISIONS OF SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTEEN OF THE
 CIVIL PRACTICE LAW AND RULES.
   (C) THE COMMISSION SHALL ISSUE RULES AND REGULATIONS IMPLEMENTING THIS
 SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06328-03-3

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